These notes refer to the Mental Health (Amendment) (Scotland) Bill as brought from the House of Commons on 26th July 1999 [HL Bill 89]

Mental Health (Amendment) (Scotland) Bill

EXPLANATORY NOTES

INTRODUCTION

1. These Explanatory Notes relate to the Mental Health (Amendment) (Scotland) Bill as brought from the House of Commons on 26th July 1999. They have been prepared by TheScottish Office, with the consent of Lord Hogg of Cumbernauld, the Peer in charge of the Bill, in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause does not seem to require any explanation, none is given.

BACKGROUND

3. Section 94 of the Mental Health (Scotland) Act 1984 allows managers of hospitals to receive and hold money and valuables for a person who is liable to be detained or is being treated in hospital if incapable through mental disorder of managing their own affairs, and where there is no other party appointed to do so. The 1984 Act makes no provision for hospital managers to pass the funds of an incapax patient to any other person or to expend them for the patient's benefit after that patient leaves hospital to reside in the community. In consequence, such funds can become trapped and unable to be used to help the patient. The Bill seeks to address that problem.

THE BILL

4. The Bill's main purpose is to amend section94 of the Mental Health (Scotland) Act 1984 to allow hospital managers to continue to hold and expend funds on behalf of incapax patients after they leave hospital by inserting a new subsection (3A), the effect of which is to allow managers of a hospital to continue to hold such money and valuables and to spend the money for the benefit of the person.

COMMENTARY ON CLAUSES

Clause 1: Property of former patients

Clause 1 amends section 94 of the Mental Health (Scotland) Act 1984 by inserting a new subsection after clause 94(3). The new subsection will allow hospital managers to continue to hold the money and valuables of patients who leave hospital but are still deemed unable to manage their own affairs. It also allows hospital managers to continue to expend these funds for the benefit of their former patients.

EFFECTS OF THE BILL ON PUBLIC SECTOR FINANCES

5. None are expected.

EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER

6. There are no implications for public service manpower. Any additional costs arising from the management of the funds of former patients for health boards would be met from existing resources.

SUMMARY OF REGULATORY APPRAISAL

7. An assessment has been undertaken of the regulatory impact of this bill. There will be no implications for business, charities or voluntary organisations. There are not likely to be any costs or savings to any of these organisations.

EUROPEAN CONVENTION ON HUMAN RIGHTS

8. The Government consider that the Bill is compatible with the European Convention on Human Rights.

COMMENCEMENT

9. The Act will come into effect at the end of the period of 2 months beginning with the date of Royal Assent.